On motion, ordered that James Murphy, James Marrs, and Mastin P Pool be appointed to view a road from the South bank of the Arkansas River opposite the mouth of Mulberry Creek running the nearest and most practicable route to the narrows of Six Mile Creek thence continue and intersect the main road leading from Mcleans Bottom to Boonville

On motion, ordered that James Murphy, James Marrs, and Mastin P Pool be appointed to view a road from the South bank of the Arkansas River opposite the mouth of Mulberry Creek running the nearest and most practicable route to the narrows of Six Mile Creek thence continue and intersect the main road leading from Mcleans Bottom to Boonville

+

+

==Entry 161==

+

On motion ordered by the Court of Probate that James Christian be guardian of Benjamin Sherwood, an orphan who says that he is about 14. And Christian is directed to bond out said boy to some person who will leave him some useful art or occupation and act in every respect by said boy as the law directs.

+

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==Entry 162==

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Page 41 On motion, ordered that a special term of this court be held in Ozark on the second Monday in November for the purpose of transacting business. Court adjourned

Sam'l [Samuel] Evans petitions for a Tavern license for 12 months - granted with tax of $10 per year

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==Entry 167==

+

Eman'l [Emanuel] Spiegle, Sheriff of Franklin County exhibited his list of delinquints amounting to $272.20. $194.37 for the county and $77.73 for the state - allowed and a settlement made with the Sheriff

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+

==Entry 168

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John H Newman applied to keep a public house near Ozark which was granted by his paying a tax of ten dollars.

[[Category:Franklin County, Arkansas]]

[[Category:Franklin County, Arkansas]]

Revision as of 09:10, 22 December 2007

Franklin County, Arkansas : First County and Probate Court Minutes Book (1838-40), with an every-name index, compiled by Will Johnson, wjhonson@aol.com, Professional Genealogist. Privately published, copyright 2005. The index to this book is here.

Entry 3

Entry 4

The court proceeded to the election of a County Judge, resulting in the election of Alfred Henderson, Esquire

Entry 5

Ordered William Cureton, [??] [Asa?] Hogan, Arthur Hicks, J H Newman, William Haile [?] appointed commissioners to review and mark out a road leading from Ozark to the Johnson County line

Entry 6

Page 2 Ordered Thomas Morris, William Haile, Wilkinson Stout, William H Johnson and Jesse Miller commissioners to review and mark out a road leading from Ozark and crossing at or near the mouth of White Oak thence in the direction of Van Buren so as to intersect the main road leading from Little Rock to Van Buren

Entry 7

Jonathan Eppler commission appointing him a Justice of the Peace

Entry 8

Joseph Lewis commission appointing him a Justice of the Peace

Entry 9

Proceeded to the election of two assistant justices whose duty it shall be to sit with the County Judge and aid and assist him in holding the County Courts. D L Bourland and Joseph Lewis were so elected.

Entry 10

Entry 11

Ordered that the elections in Mulberry Township be hereafter held at the Town of Whitsontown and that the present Judges continue to hold said elections

Entry 12

Ordered Webster McCaslin be appointed overseer of the road leading from the South Bank of the Arkansas River opposite the Town of Ozark to intersect the road leading from Rose's Store to Scott County line at a point so that both roads shall pass through the swamp on the Hurricane fork of Six Mile Creek at the same place and that said overseer be authorized to open said road thirty feet wide and call to his aid any force necessary to enable him to enforce this order and that Joseph Servis [?] [Scruis?] Esquire be appointed to apportion the hands to work on said road and report the same to the overseer.

Entry 13

Entry 14

Entry 15

Entry 16

James M Christian produced a deputation from Samuel Evans Clerk appointing him deputy clerk - approved

Entry 17

Ordered Absalom Wood be appointed overseer of the road leading from Joseph Russell's in the direction of Little Rock to the Johnson County line and that Henderson Bourland be appointed overseer of said road from Joseph Russell's in the direction of Van Buren to the line dividing the Township of White Oak and Mulberry and that James Gilbreath Esquire apportion the hands to said overseers

Entry 18

Page 6 On petition ordered that the Township of White Oak be divided [describes a line]. And that the territory lying North of said line be erected into a new and distinct Township to be called and known by the name of Boston Township and that the place of holding elections in said township be at the house of Edwin Marsh and that Robert Hodges, George Russell (Upper) and George Russell (Lower) be appointed Judges of Election in said township.

Entry 19

Session Tuesday [17 Apr 1838] Alfred Henderson Judge

Entry 20

Robert Russell produced a deputation from Jesse Miller, Sheriff, appointing him Deputy Sheriff – approved

Entry 22

Entry 23

Ordered Nancy Caulk be guardian for David D Caulk and Robert Caulk minor heirs of [blank], over 14, court requires bond of $1700

Entry 24

Page 8 The road commissioners for road leading from Ozark toward Van Buren and to cross White Oak Creek at or near the mouth and to intersect the Mulberry road leading to that place at or near Moore & Henderson Mills, made report - approved. James Ward appointed overseer and that James Gilbreath Esquire apportion the hands.

Entry 25

The road commissioners for road leading from Ozark to Johnson County line in the direction of Clarksville, made report - approved. Joup [Joress?] G Barclift be overseer of said road and James Gilbreath Esquire apportion the hands.

Entry 26

Ordered John Bourland be released as overseer of road leading from Little Rock in the direction of Van Buren from the line dividing Mulberry and White Oak Township to Big Mulberry Creek and that Riale Bryant be appointed overseer of said road and D L Bourland Esquire apportion the hands.

Entry 28

Entry 29

Entry 30

On motion, ordered that the pauper May who now resides at the residence of Madam Woolf's in McLeans Bottom, be sold to the lowest bidder between this and the next term of this court [crossed out]

Entry 31

On motion, ordered that Madam Woolf be compensated $15 for keeping said pauper for a term of seven weeks

Entry 32

On motion, ordered that the Sheriff be authorized to dispose of the said pauper May who is in the care of Madam Woolf on the best possible terms and report to this court on tomorrow [crossed out]

Entry 33

Page 10 On motion ordered that Sabert Scott be allowed one dollar for each and every day he may keep the said pauper May who is in the care of Madam Woolf from this to the next term of this court or so long as he may live or otherwise disposed of

Entry 34

Ordered that half of Range 29, the whole of Range 28 and two miles of the West part of Range 27 be a new township named Prairie and the election place shall be at William Barnards residence and the election judges shall be John Quesenberry, Masten P Pool and Sabert Scott

Entry 35

Ordered Daniel H Carns [Karnes, Carnes] be overseer on Ozark Road leading from Ryal Bryant to the township line and that D L Bourland apportion the hands.

Entry 36

Ordered an election in Boston, Sat 28 Jul 1838 for Justice of the Peace and one constable

Entry 37

Ordered that John S Estell be allowed $11 against the estate of William Whitson

Entry 38

Page 11 Ordered that John Hail, Enoch Berry, James Murphy be commissioners to view and mark out a road from Ozark in the direction of Boonville, Scott County, to intersect road from McLeans Bottom to Boonville at or near the county line.

Entry 39

Ordered Webster McCaslin, Ryal Bryant, Wilkerson Stout commissioners to view and mark out a road commencing on the South bank of the Arkansas River at Clemmons and Jenkins Ferry, leading South to Section 32, thence to the narrows on Six Mile [Creek]

Entry 40

Ordered William W Scott, William Barnard, Thomas St Clair commissioners to view and mark out a road commencing on the South bank of the Arkansas River opposite Ozark, running the nearest and best way to where the Chastain Trace crosses the county line.

Entry 51

Entry 52

Entry 53

Ordered Sabert Scott be allowed $47.50 for keeping a pauper 47 1/2 days

Entry 54

Ordered the Sheriff to pay John B Bourland $4.40 for property overtaxed

Entry 55

Ordered that the road leading from Clements and Jenkins Ferry in the direction of Scott Co be established a county road and that Thomas Aldridge be overseer on the part leading from the ferry to A J Spegles and John Barnard be overseer of the other end to the county line and Jonathan Eppler apportion hands.

Entry 56

Page 14 Ordered that the road leading from Ozark to the county line in the direction of Clarksville which was opened by subscription from Ozark to the county line of Johnson Co be appointed a county road and William Cureton be overseer to keep up said road and James Gilbreath Esqr apportion the hands.

Entry 57

Ordered George Russell "Lower" be overseer on the Fayetteville Road leading from Ozark commencing at the line between White Oak and Boston Townships and work to upper George Russells and that upper George Russell ["upper George Russell" is crossed out] be overseer on that part leading from his house to the County line, James Gilbreath apportion hands.

Entry 58

Ordered $4 be allowed to Ryal Bryant for viewing road from Jenkins Ferry in the direction of Booneville, Scott Co and Wilkinson Stout $4

Entry 59

Ordered Sabert Scott, William Barnard, Webster McCastin be viewers of road leading from Ozark to intersect the road leading from McLean's Bottom to Boonville, Scott Co near the narrows of Six Mile Creek

Entry 60

Page 15 Ordered $2 be allowed John Hail for viewing road from Ozark to the narrows on Six Mile Creek and $4 to Enoch Berry

Entry 61

Ordered A Henderson be allowed $15.10 for holding inquest over the body of Col John Lasater

Entry 62

Entry 63

Ordered that Jesse Miller, Sheriff be allowed $21.40 for serving road orders and attending county court

Entry 64

James W Pendleton produced a deputation from James M Christian, Clerk, appointing him deputy clerk

Entry 65

Ordered that the part of the road from Ryal Bryants to William Merediths be disannuled [?] and that John C Nickson, Charles Whitson and Charles Jones be a Jury of Review to mark out a road from Pleasant Hill to William Merediths and make report.

Entry 66

Page 16 Ordered Kendal Webb be overseer of road from Ozark to Van Buren and repair the road from Ozark to the first Hollow beyond the big Hill between Ozark and William Merediths and Miles Williams be overseer from the Hollow to where the stage road intersects the road leading from Joseph Russell’s to Van Buren and E [Ephraim ?] Bourland Esquire apportion the hands.

Entry 67

Ordered A Henderson, County Judge be allowed $24 for holding court April, July and October

Entry 70

Entry 71

Entry 72

William Scott, Luke Huggins, D L Bourland and Anthony Brown produced their commissions appointing them Justices of the Peace

Entry 73

James W Pendleton produced a commission appointing him clerk

Entry 74

William Scott and Edward Davis Sr made oath as witnesses to the last will of Henry Davis deceased

Entry 75

Nancy Caulk presented a bond with David Fort and George Grounds security as guardian for her five children: Robert [Caulk], David D [Caulk], Eliza [Caulk], George [Caulk] and Benjamin [Caulk]

Entry 76

Page 18 Ordered Williams Stamp be overseer of road from Ozark to Moore and Henderson Mills, on so much of said as from Ozark to within one mile of White Oak Creek, and James Blackwell be appointed on the other portion to wit from within mile of White Oak Creek to Moore and Henderson Mill and Smith Hunsicker Esquire to apportion the hands.

Entry 77

Ordered Noel S Riffe be overseer on road from Ozark to Jno [John] Sims on the Boston road and William Wisdom be overseer on said road from Jno [John] Sims to the fork of the old road, on the other side of Rock creek, and James Gilbreath Esquire apportion the hands.

Entry 78

Ordered Joshua Fisher be overseer of portion of main road leading from Big Mulberry to the Crawford County line and A Henderson apportion the hands

Entry 79

Ordered that $3 per month be allowed Mrs Phelps for the support of herself and family and Joshua Fisher appointed to disburse the said money

Entry 80

Ordered John B Kendall overseer of road from Ozark to Van Buren in so much as from Ozark to the Prairie Branch on said road and Henderson Bourland be overseer from the Prairie Branch to the Rock road at E [Ephraim?] Bourlands and H G Bourland Esquire apportion hands.

Entry 81

Entry 82

The commissioners appointed to review the road from William Merediths to Pleasant Hill do find the old route which the stage now runs to be the best way intersecting the Little Rock road to Van Buren at the South West corner of E [Ephraim ?] Bourlands field: J C Nixon, C [Charles?] Whitson, Charles Jones

Entry 94

Entry 95

Ordered D W Bunch, D L Bourland, John Simpson be commissioners to settle and adjust the unsettled accounts between Charles Whitson, surviving partner of the late firm of William [Whitson] and Charles Whitson and Jesse Turner admin de bonus non of William Whitson

Entry 96

Ordered that $1.77 be allowed Sam'l [Samuel] Evans for services as Clerk

Entry 97

Page 22 Ordered James M Christian presented his account against the County as Clerk, and a final settlement made

Entry 98

Entry 99

Ordered that the portion of the County of Johnson annexed to the County of Franklin by an act of the last Legislature be attached to Lower Township

Entry 100

Ordered Samuel M Melton be appointed Constable of Boston Township

Entry 101

Ordered Sabert Scott, Thomas Bessry [?], E S Moffet review a road leading from Ozark to Boonville instead of three individuals formerly appointed but now superceded.

Entry 102

Ordered Spencer Horner overseer of road from Upper George Russell's to the top [?] of Boston Mountain on the road leading to Huntsville, Madison County. Luke Huggins to apportion the hands

Entry 103

Page 23 Ordered George McRunmerlee [?] overseer of road from Ozark to the Mouth of White Oak. S [Smith] Hunsicker appointed to apportion hands

Entry 104

Ordered John H Newman be allowed $12 for house furnished the Circuit Court at its March term 1839.

Entry 105

Ordered William W Scott be appointed Constable for Prairie Township

Entry 106

Ordered the Sheriff be allowed $43.50 for account filed.

Entry 107

Jesse Miller, exec of estate of Samuel Miller, dec'd on this 16th Apr 1839 filed all the papers appertaining to his testator S [Samuel] Miller originally filed in the office of the Clerk of the County Court of Crawford County whereupon the court proceeded to a settlement of the estate. Appraisement bill $6391.00. Credit by Voucher 1 $128. Balace $6263, continued for further settlement.

Entry 108

Page 24 Inasmuch as John F Moore has failed to come forward and give additional security as admin of John Moore, that the clerk issue citation to the next entitled to such letters to appear.

Entry 109

James Evans, heretofore appointed guardian of Miranda Evans, a minor under 21, has failed up to the time to take any step whatever to attend to the interests of the said minor whereupon it is ordered by the court Page 25 that the appointment be revoked. And upon motion of Miranda Evans by her next friend Sally A Evans, that Edward M Tatum be guardian, bond $400. Approved.

Entry 110

James Evans, heretofore guardian of Sally A Evans, a minor under 21, has failed up to this time to take any step whatever to attend to the interests of the said minor whereupon it is ordered the appointment be revoked

Entry 111

Entry 112

Page 26 William M Martin personally appeared, petitions to establish a public ferry across the Arkansas river at H B Rose's. Court requests a bond with security and $5 tax before a license will be issued for 12 months. And that he charge 12 1/2 per man; 12 1/2 per horse or mule; 6 1/4 cents per head of cattle; 3 cents per hog; one dollar per four-wheeled vehicle; 50 cents per two-wheeled cart; 3 cents per sheep

Entry 113

Ordered that each house of entertainment "Tavern" shall pay an annual license of $10 when they sell no vinous or ardent spirits and that each house where vinous or ardent spirits are sold shall pay an annual tax of $20 and also that each dramshop, grogshop or grocery shall pay an annual tax of $20

Entry 114

Entry 115

Ordered $4 be allowed Rial Bryant for [??] in the hands to work on Stage road in the year 1838-39

Entry 116

Ordered Will Cureton and John Wilkins be allowed to keep a public ferry across the Arkansas at Ozark for 12 months as soon as they have given bond and security and pay a tax of $10. The rates shall be : 12 1/2 cents per man; 12 1/2 per horse or mule; 6 1/4 per head of cattle; 3 cents per hog; one dollar per four-wheeled vehicle; 31 cents per two wheeled cart; 3 cents per head of sheep

Entry 117

Ordered Jesse Miller, late Sheriff be allowed credits of $7 (delinquent list) on Tax acct of last year (1838) and that he be allowed further time for collecting and settling said tax account and that he report from court to court how he succeeds in settling said business.

Entry 118

Report of commissioners for viewing road from Ozark in the direction of Boonville to the [??] of Six Mile creek [?] was received. Overseers appointed: Elijah Hail from the South side of the Arkansas River opposite Ozark and ending at Smith Creek. E S Moffet from Smith Creek to the Military road near his house and Thos [Thomas] Berry from the Military road to the Scott county line, Sabert Scott Esquire to apportion hands

Entry 119

Page 28 A petition was presented praying that the Town of Ozark might be incorporated. Said petition was signed by two-thirds of the taxable inhabitants. Petition granted. Appointed S [Smith] Hunsicker Esquire Alderman, Samuel Evans, Jas [James] W Pendleton, Jno [Jonathan] W Crane, John [?] Williams, and Thos [Thomas] F Kennedy members of the Town Council.

Entry 120

Ordered Jos [Joseph] G Barclift be overseer of the stage road from Ozark to Johnston [sic] County line in place of William Cureton and that he have the same list of hands alloted to said Cureton.

Entry 121

At the request of Jas [James] W Pendleton Clerk, he is [??] the priviledge of issuing to himself scrip sufficient to pay his taxes, not to exceed in amount $30.

Entry 122

Ordered that all hawkers and peddlers and public exhibitions of any kind, shall be taxed for county purposes an amount equal to the present state tax.

Entry 123

Ordered $10 allowed to C J Humphill for the use of his office 3 days at the January term of County and 2 days at the April term. Five days at $2 per day.

Entry 124

Page 29 At the request of H B Rose Esquire, the court appointed a patrol for Lower Township consisting of C B Ivy Captain, A H Cowin, E E Davis, Oliver Wood, D D Cork, Sam'l [Samuel] Hixson, Noah Davis, H J Dewitt, George Grounds, David Fort as his assistants, the night of week and the numbers of hours for duty to be left at the discretion of the Captain of said patrol.

Entry 125

Session Tuesday [16 Jul 1839] A Henderson, Probate Judge

Entry 126

Ordered reappointment of John Moore, admin of John Moore

Entry 127

On petition of Jesse Turner, admin de bonis non of William Whitson, ordered that he be authorized to sell land: W1/2 of NE 1/4 of Section 6, Township 10 North, Range 28 West 40 acres on 17 Aug 1839 at Whitsontown, Franklin County

Entry 132

Entry 133

Ordered Smith Hunsicker be allowed $10 for assisting in holding county court Jan and Jul 1839

Entry 134

Ordered William Barnard be appointed overseer of road from the South side of Arkansas River opposite the Town of Ozark to H B Rose's Store in McLeans Botton; and George Grounds be appointed from H B Rose's Store to the far bank of Short Mountain Ozark and that Will Scott Esq apportion the hands

Entry 135

State of Arkansas, County of Franklin, Sarah Williams of this county and John B Bourland and Alne M C Bourland security, jointly and severally bound $10000. Sarah admin of Miles Williams. Signed 10 Oct 1839

Entry 136

Page 33 County of Franklin, Miles Williams of Franklin died intestate on or about 6 Aug 1839, Sarah Williams appointed admin 10 Oct 1839 James W Pendleton, Clerk of Circuit Court, Clerk of Probate Court

Page 137

Page 138

Ordered $4 be allowed Enoch Berry for viewing and making a road from Ozark to the narrows of Petit Jean

Page 139

James W Pendleton (Clerk) presented an account against the county for $25 which was allowed

Page 140

Emanuel Speigle, Sheriff, presented an account against the county for $123.90 which the court after examination allowed

Entry 141

J D [?] Bourland produced a receipt for $2 and [??] Rial Bryant as overseer of the road from Mulberry Creek to the corner of E [Ephraim] Bourlands field

Entry 142

On motion ordered that Rial Bryant be released from the duties of overseer of the stage road from Mulberry Creek to the corner of E [Ephraim] Bourland's field and that James B Simpson be appointed in his place, and D L Bourland apportion the hands.

Entry 143

Entry 144

Elijah S Moffit presented account against the county $4 allowed.

Entry 145

Ordered that the clerk issue warrants to all persons entitled to pay, in any of the state cases that were decided against it, at the last term of Circuit Court. [Ed. - the earliest Circuit Court records I can find are from 1852 (Will Johnson)]

Entry 146

Ordered that Will Scott Esqr be appointed to apportion hands to Elijah Hail, overseer of road from South side of Arkansas River opposite Ozark to Smith's Creek.

Entry 147

Ordered that Real Bryant, Wilkesson Stout, and William Cureton be appointed to view out a road from Ozark to the house of James Marrs on Mulberry [Creek]

Entry 148

John H Noonan [?] produced an account against the county for house rent for $12 which was allowed

Entry 149

Agreeably to an order directed to the clerk by the honorable R C G Brown, Judge of the 7th Judicial Circuit a [???] was [Page 36] issued directing the Sheriff to summon 36 good and lawful men of the County of Franklin to appear before the Judge of our Circuit Court at a special term to be held on the first Monday of Jan 1839 to serve as jurors to try David Smith who stands charged with the murder of George W Plexacd [?] of Johnson County. That upon said authority the Sheriff proceeded to summon the following jurors who appeared and claimed their attendence and mileage. Thomas Carl 24 miles; John Simpson 28 miles; James Ham 10 miles; Kendall Webb 3 miles; John Hale; Will P Moore 24 miles; Elijah S Moffitt 22 miles; Spear Titsworth 24 miles; Charles Whitson 20 miles; Lawson Nicholson 14 miles; William Cureton; John Huggins 12 miles; William Hale 3 miles; John B Bourland 24 miles; Absalom Wood 8 miles; Arthur [?] Hicks 1 mile; Elijah Hale; Marcus Hogan 12; John Rawson 8; James Blackwell 18; John H Blackwell 11; Elijah Williams; Jno B Kendall 12; Peter Ragsdale 14; Sam'l Phillips 7 [or 2 ?] plus Emanuel Speigle Sheriff and [Page 37] Jas W Pendleton Clerk for a total of $45.90 considered as justly due from the County of Johnson.

Entry 150

Entry 151

Ordered that D W Bunch be overseer of road from the corner of E [Ephraim] Bourlands field to the house of Joseph Russell (on the old road from Little Rock to Van Buren) and James Morris be overseer from Jos [Joseph] Russells house to the Johnson County line and James Gilbreath Esqr apportion the hands.

Entry 152

William Cureton produced an account against the county for $3.30 which was allowed

Entry 153

Ordered, (upon the petition of Thos [Thomas] F Kennedy, Smith Hunsicker and [Page 38] Calvin Kennedy paying in the sum of three dollars, and of compensation allowed such reviewers) that William Cureton, Calvin W Shover and Elijah Tucker be appointed reviewers to examine and mark out a road from the steam mill of Thos [Thomas] F Kennedy to the Stage road on the West [?] bank of Gar [?] Creek at the ford across said creek, through whose lands said road may cross, assessing the damages if any and make a written report.

Entry 154

On motion, ordered that James W Pendleton be appointed to receive proposals for building a house for the purpose of holding court in. Said building to be a good frame twenty feet square, one story high (nine feet story) a good and sufficient stone chimney. Lower floor to be jointed and well laid but not planed. Sealed on the inside with three quarter plank, said plank to be planed, tongued and groved, to be covered with good pine or oak shingles. Three windows of fifteen lights each, glass to be 8 by 10 and one good door of sufficient size, all to be done in workmanlike manner and report the same at the next term of this court; the said contractor to furnish all the materials necessary for the completion of said building.

Entry 158

Entry 159

[John] F Moore, admin of John Moore Sen filed vouch one $165.60 against the estate, which was allowed. Filed account current by which he appears indebted to the estate for $3037.86

Entry 160

On motion, ordered that James Murphy, James Marrs, and Mastin P Pool be appointed to view a road from the South bank of the Arkansas River opposite the mouth of Mulberry Creek running the nearest and most practicable route to the narrows of Six Mile Creek thence continue and intersect the main road leading from Mcleans Bottom to Boonville

Entry 161

On motion ordered by the Court of Probate that James Christian be guardian of Benjamin Sherwood, an orphan who says that he is about 14. And Christian is directed to bond out said boy to some person who will leave him some useful art or occupation and act in every respect by said boy as the law directs.

Entry 162

Page 41 On motion, ordered that a special term of this court be held in Ozark on the second Monday in November for the purpose of transacting business. Court adjourned

Entry 165

Entry 166

Sam'l [Samuel] Evans petitions for a Tavern license for 12 months - granted with tax of $10 per year

Entry 167

Eman'l [Emanuel] Spiegle, Sheriff of Franklin County exhibited his list of delinquints amounting to $272.20. $194.37 for the county and $77.73 for the state - allowed and a settlement made with the Sheriff

==Entry 168
John H Newman applied to keep a public house near Ozark which was granted by his paying a tax of ten dollars.